Two Vermont state senators, Tanya Vyhovsky and Dick McCormack, have appealed to the Vermont Supreme Court after a lower court dismissed their lawsuit challenging Governor Phil Scott’s reappointment of Interim Education Secretary Zoie Saunders.
The dispute arose after the Vermont Senate rejected Saunders’ permanent appointment in a 19-9 vote, yet Governor Scott reappointed her to the position on an interim basis.
The senators argue that Scott overstepped his authority by reappointing Saunders following the Senate’s rejection.
However, Vermont Superior Court Judge Robert Mello ruled in favor of the governor, stating that Saunders’ appointment was not an indefinite measure undermining the Senate’s power of advice and consent.
Mello also noted that there are no laws explicitly prohibiting the governor from reappointing a rejected nominee.
The appeal, filed without introducing new arguments, has not yet been scheduled for a hearing.
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